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Summary <br />The Review Process <br />Twentymile Coal Company (TCC), a subsidiary of Peabody Investments Corporation, submitted <br />a permit renewal application (RN-05) for the Foidel Creek Mine. The Foidel Creek Mine is <br />exclusively an underground coal mining operation located approximately 22 miles southwest of <br />Steamboat Springs, Colorado in Routt County. Permit No. C-82-056 was issued on May 23, <br />1983, and has been renewed every five years since then. <br />For the current renewal RN-05, the Division notified TCC by letter on August 17, 2007 that its <br />permit for the Foidel Creek Mine would expire on May 23, 2008. The letter explained that, for <br />operations to continue beyond that date, Section 2.08.5(3)(f) requires an application for renewal <br />to be received on or before November 25, 2007. TCC submitted a renewal application on <br />November 25, 2007 and the application was found complete on December 10, 2007. TCC <br />published a notice of the application in the Steamboat Pilot, four consecutive weeks from <br />December 23, 2007 through January 13, 2008. <br />No objections regarding the application were received. The only comment the Division received <br />was a letter from the Colorado Division of Water Resources. The letter from DWR provides <br />concurrence for the project to proceed. The Division forwarded the letter to the mine operator. <br />The applicant violator system (AVS) was queried on December 10, 2007. As a result of a <br />change in operator name during the permitting process, Minor Revision No. 241 was approved <br />on March 3, 2010. In regard to compliance history, the recommendation of the system was to <br />issue this permit renewal. A follow-up AVS query on June 1, 2010 also resulted in a <br />recommendation to issue this renewal. <br />On January 15, 2009, the Division sent an adequacy letter to TCC requesting additional <br />information with regards to portions of the permit. TCC did not provide responses to the <br />Division's adequacy letter until April 21, 2010, fifteen months later. Due to the delay in TCC's <br />response to the Division's adequacy letter, the proposed decision date was extended repeatedly. <br />The Division updated the Reclamation Cost Estimate on May 14, 2010, incorporating responses <br />from TCC. All adequacy concerns have been resolved; therefore, the Division proposes to <br />approve the renewal application. <br />Publication of this proposed decision initiates a thirty-day public comment period. Provided <br />there are no objections to the decision, the proposed decision will become final at the close of the <br />comment period. <br />Foidel Creek Mine 5 June 4, 2010